Contradictory CIPA Pen Register Decisions Create Uncertainty

Readers of our blog are well aware of the rash of recent lawsuits alleging that a company's use of tracking software on its website constitutes a "pen register," as defined under the California Invasion of Privacy Act ("CIPA"). Emboldened by a federal court decision denying a company's motion to dismiss, the Plaintiffs' Bar is targeting companies that use tracking technology on their websites to bring pen register CIPA claims under Section 638.51. However, two contradictory decisions from the same California State court illustrate the inherent difficulty that courts grapple with in applying decades old legislation to constantly evolving technology.

Two Contradictory CIPA Decisions: Which is Right?